HomeMy WebLinkAboutcc min 2016/08/16 City of Chula Vista
Meeting Minutes - Final
Tuesday,August 16,2016 5:00 PM Council Chambers
276 dih Avenue, Building A
Chula Vsta,CA 91910
REGULAR MEETING OF THE CITY COUNCIL
CALL TO ORDER
A Regula� Meefing of the City Council ol the City of Chula Vista was called to order at 5:03 pm. in the
Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Visla, Califomia.
ROLL CALL:
Present: Councilmember Aguilar, Councilmember Bensoussan, Councilmember McCann,
Deputy Mayor Miesen and Mayor Casillas Salas
Depury Mayor Miesen /eft the meeting at 6:70 p.m. due to abstaining from participating in the final item
on the agenda.
Also Present City Manager Halbert, City Attomey Googins, City perk Norris, and Assistant City Clerk
Bigelow
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
Depury Ma}ro�Miesen led the Pledge of Allegiance.
SPECIAL ORDERS OF THE DAY
A. 16-0387 INTRODUCTION OF CHULA VISTA'S SISTER CITY, ODAWAR,4,
JAPAN'S, YOUTH AMBASSADORS: RYOTA SAJI, IKUMI WATARAI,
RITO HOSOYA AND IZUMI KIKUCHI, PARTICIPANTS IN THE
ANNUAL INTERNATIONAL FRIENDSHIP COMMISSION'S
EXCHANGE PROGRAM; AND A PRESENTATION BY THE CHULA
VISTA YOUTH AMBASSADORS: BIANCA ELENA QUI�ANTAN,
MIYUKI SOPHIA MCCLELLAN, LUCIO ALEJANDRO LIRA AND
VIRGINIA PEREZ-GONZALEZ, REGARDING THEIR EXPERIENCE IN
ODAWAR.4
Mayo� Casillas Salas welcomed the youth ambassadors from Odawara, Japan. Intemational Fnendship
Commission Chair Gene Yee spoke regarding the program and participanfs. Chula Visfa Youlh
Ambassadors Bianca Quilantan, Miyuki McClellan, Lucio Lira, and Viiginia Pe/ez-Gonza/ez introduced
Odawara, Japan Youth Ambassadors Ryota Saji, Ikumi Watalai, Rito Hosoya, and Izumi Kikuchi.
B. 16-0371 PRESENTATION OF A PROCLAMATION TO CALIFORNIA
PROSTATE CANCER COALITION BOARD MEMBER CHAD LITTLE
PROCLAIMING SEPTEMBER 2016AS PROSTATE CANCER
AWARENESS MONTH IN THE CITY OF CHULA VISTA
Mayor Casillas Salas read the proclamation and Councilmember Bensoussan presented it fo Mc Little.
Mc Little spoke regarding p�ostafe cancer awareness.
City o/Chula Vsta Page 1
City Council Meeting Minutes-Final August 16,2016
C. 16-0389 PRESENTATION BY THE GOVERNMENT FINANCE OFFICERS
ASSOCIATION OF THE CERTIFICATE OF ACHIEVEMENT FOR
EXCELLENCE IN FINANCIAL REPORTING AWARD FOR FISCAL
YEAR ENDING JUNE 30, 2015 TO FINANCE DIRECTOR DAVID
BILBY
Mayor Casillas Salas announced that the City had received a Certificate of Achlevemenf (or Excellence
in Financial Reporting award from the Govemment Finance O�cers Association. City Manager Halbert
spoke regarding the award and commended Finance Director Bilby. Finance Direcfor Bilby provided
information regarding the requirements for the award and recognized the Finance Department.
CONSENT CALENDAR (Items 1 - 8)
Ilem 3 was removed from Ihe Consent Calendar at the request of a member of the public.
1. 16-0408 APPROVAL OF MINUTES of August 9, 2016.
Recommended Action:Council approve the minutes.
2. 16-0406 ORDINANCE NO. 3372 OF THE CITY OF CHULA VISTA APPROVING
AMENDMENTS TO THE EASTERN URBAN CENTER PLANNED
COMMUNITY DISTRICT REGULATIONS AND DESIGN PLAN (FORM
BASED CODE) FOR 207ACRES OF LAND IN THE EASTERN URBAN
CENTER PORTION OF THE OTAY RANCH RELATING TO THE
RELOCATION OF THE MILLENIA ELEMENTARY SCHOOL SITE,
DELETION OF A PORTION OF MONTAGE AVENUE, REVISING THE
PARKING RATES AND STANDARDS AND CLARIFYING THE
APPROVAL PROCESS FOR THE PARKING MANAGEMENT PLAN,
SUBSEQUENT PARKING RATES, AND FUTURE STREET
DELETIONS (SECOND READING AND ADOPTION)
Recommended Action: Council adopt the ordinance.
Ifem 3 was removed from the Consent Calenda�.
4. 16-0373 RESOLUTION NO. 2016-172 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO ACT ON
BEHALF OF THE CITY TO NEGOTIATE AND EXECUTE AN
AGREEMENT WITH TYLER TECHNOLOGIES, INC. FOR THE
IMPLEMENTATION AND LEASING OF ENTERPRISE RESOURCE
PLANNING SOFTWARE, AND APPROPRIATING FUNDS
ACCORDINGLY (4/5 VOTE REQUIRED)
Recommended Action: Council adopt the resolution.
Ciry o/Chu/a Visfa Page I
City Council Meeting Minutes-Final August 16,2016
5. 16-0378 RESOLUTION NO. 2016-173 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA AUTHORIZING THE PURCHASE OF TWO DUMP
TRUCKS IN ACCORDANCE WITH THE TERMS AND CONDITIONS
OF NATIONAL JOINT POWERS ASSOCIATION CONTRACT NUMBER
102811 AND THE ISSUANCE OF A PURCHASE ORDER TO
NATIONAL AUTO FLEET GROUP IN THE AMOUNT OF 5250,621
Recommended Actlon:Council adopt the resolution.
6. 16-0384 INVESTMENT REPORT FOR THE QUARTER ENDED JUNE 30, 2016
Recommended Action:Council accept the report.
7. 16-0385 A. RESOLUTION NO. 2016-174 OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING THE 2015/2016 SAN DIEGO
COUNTY GR,4ND JURY REPORT ON CITIZEN OVERSIGHT BOARDS
OF POLICE BEHAVIOR AND AUTHORIZING THE MAYOR TO SIGN
THE RESPONSE ON BEHALF OF THE MAYOR AND CITY COUNCIL
B. RESOLUTION NO. 2016-175 OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING THE 2015/2016 SAN DIEGO
COUNTY GRAND JURY REPORT ON THE CHULA VISTA JAIL AND
AUTHORIZING THE MAYOR TO SIGN THE RESPONSE ON BEHALF
OF THE MAYOR AND CITY COUNCIL
Recommended Action:Council adopt the resolutions.
8. 16-0386 RESOLUTION NO. 2016-176 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA AMENDING THE AUTHORIZED STAFFING LEVEL
OF THE POLICE DEPARTMENT TO REFLECT THE ADDITION OF 2.0
POLICE SERGEANT POSITIONS AND THE ELIMINATION OF 2.0
POLICE AGENT POSITIONS
Recommended Action:Council adopt the resolution.
Approval o(the Consent Calendar
ACTION: A motion was made by Councilmember McCann, seconded by Councilmember
Bensoussan, to approve staffs recommendations on the above Consent
Calendar items, headings read, text waived. The motion carried by the foliowing
vote:
Yes: 5- Aguilar, Bensoussan, McCann, Miesen and Casillas Salas
No: 0
Absiain: 0
City ot Chvla Ysta Pa9e 3
City Council Meeting Minutes-Final August 16,2016
ITEMS REMOVED FROM THE CONSENT CALENDAR
3. 16-0323 ORDINANCE OF THE CITY OF CHULA VISTA DELETING SECTION
15.24.070, SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY
SYSTEMS, OF THE CHULA VISTA MUNICIPAL CODE AND ADDING
CHAPTER 15.29, EXPEDITED PERMIT PROCESSING, RELATED TO
PERMITS FOR SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY
SYSTEMS AND ELECTRIC VEHICLE CHARGING STATIONS, TO THE
CHULA VISTA MUNICIPAL CODE (FIRST READING)
Vanessa Garcia, representing SDGBE, spoke in support o/staffs recommendation on the item.
ACTION: A motion was made by Councilmember McCann, seconded by Councilmember
Bensoussan, that the above ordinance be placed on first reading, heading read,
text waived.The motion carried by the following vote:
Yes: 5- Aguilar, Bensoussan, McCann, Miesen and Casillas Salas
No: 0
Absfain: 0
PUBLIC COMMENTS
Steven Pavka, Chula Vista resident, exp�essed concem 2garding issues related to homelessness and
towing fees.
Marlc Twohey, rep�esenting the Youth Sports Council, thanked the Council fo� its support and reported
on local youth sports standings. He paid tnbute to Olympicos Soccer Club player Alexis Sepulveda.
Mayor Casillas Salas stated that Item 9 had been noticed as time certain for 6:00 p.m. and that fhe ifem
would be taken out of o�de� /ollowing City Managers and MayoYs Reports, and Councilmembers'
Comments.
CITY MANAGER'S REPORTS
City Manager Halbert provided an update on the Bayfront development.
MAYOR'S REPORTS
10. 16-0403 RATIFICATION OF APPOINTMENT OF JAMES MERINO TO THE
HOUSING ADVISORY COMMISSION AND JASON PRATER TO THE
CULTURAL ARTS COMMISSION
ACTION: A motlon was made by Councilmember McCann, seconded by Councilmember
Bensoussan, that the above appointments be ratified. The motion carried by the
following vote:
Yes: 5- Aguilar, Bensoussan,McCann, Miesen and Casillas Salas
No: 0
Abstain: 0
Mayor Casillas Salas reported that Park View Little League won the Western Regional Championship
and would play in the Little League WorYd Se�ies, and that Bonita Valley Girls Sofrbal/ 72 and unde� were
the 2016 National Champions.
City oI Chu/a Visfa Page 4
City Council Meeting Minutes-Final August 16,2016
Ma}ror Casillas Sa/as spoke 2garding he� attendance at the recent Stylus Padc opening and Odawa2
Youth Ambassadors welcome reception. She announced the lollowing openings of new Chula Vista
businesses: T.I.P. Services on Quintard Sf. and Valero Gas Station on Paloma� St. at Interstate 5. She
congratulafed Benjamin Walker for his�ecent recognition at an Eagle Scout Court of Honor ce2mony.
COUNCILMEMBERS' COMMENTS
Deputy Mayor Miesen spoke regarding fhe 2cent Sty/us Palk opening.
Councilmember McCann stated he attended the recent Stylus Park opening, a work paRy at the
Veferans Home whe(e wlunfeers assisted with maintenance needs, the Chamber o/ Commerce frade
show, and vanous school openings.
Councilmember Bensoussan spoke regarding the upcoming HarborFesf and thanked the event
sponsors.
Ma}ror Casillas Salas 2cessed the meeting at 5:45 p.m. The Council reconvened at 6:02 p.m., with all
members present.
PUBLIC HEARINGS
9. 16-0372 CONSIDERATION OF AN APPEAL BY THE CORRIDOR COALITION
OF THE PLANNING COMMISSION'S DECISION TO ADOPT AN
ADDENDUM TO URBAN CORE SPECIFIC PLAN FINAL
ENVIRONMENTAL IMPACT REPORT AND MITIGATION
MONITORING AND REPORTING PROGR,4M FEIR 06-01 AND
APPROVING DESIGN REVIEW (URBAN CORE DEVELOPMENT)
PERMIT DR15-0015 TO REDEVELOP THE SITE AT 795 THIRD
AVENUE WITH 71 RESIDENTIAL CONDOMINIUM UNITS AND
ASSOCIATED SITE IMPROVEMENTS AND TENTATIVE MAP
PCS'15-006 TO CONSOLIDATE TWO PARCELS INTO ONE
CONDOMINIUM LOT FOR 71 RESIDENTIAL UNITS AND ONE
COMMERCIAL UNIT FOR INDIVIDUAL OWNERSHIP ON 795 THIRD
AVENUE, SUBJECT TO THE CONDITIONS CONTAINED THEREIN
RESOLUTION NO. 2016-177 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA DENYING THE APPEAL BY THE CORRIDOR
COALITION AND REAFFIRMING THE PLANNING COMMISSION'S
ADOPTION OF THE ADDENDUM TO URBAN CORE SPECIFIC PLAN
FINAL ENVIRONMENTAL IMPACT REPORT AND MITIGATION
MONITORING AND REPORTING PROGR,4M FEIR 06-01 AND
APPROVAL OF DESIGN REVIEW (URBAN CORE DEVELOPMENT)
PERMIT DR15-0015 TO REDEVELOP THE SITE AT 795 THIRD
AVENUE WITH 71 RESIDENTIAL CONDOMINIUM UNITS AND
ASSOCIATED SITE IMPROVEMENTS AND APPROVAL OF
TENTATIVE MAP PCS15-006 TO CONSOLIDATE TWO PARCELS
INTO ONE CONDOMINIUM LOT FOR 71 RESIDENTIAL UNITS AND
ONE COMMERCIAL UNIT FOR INDIVIDUAL OWNERSHIP ON 795
THIRD AVENUE, SUBJECT TO THE CONDITIONS CONTAINED
THEREIN
Ciry o!Chula Ysta Page 5
City Council Meeting Minutes•Final August�6,2016
Notice of the heanng was given in accordance with legal requirements, and the heanng was held on the
date and no earlier fhan the time specified in[he notice.
Mayor Casillas Salas introduced the ifem and explained the proceedings.
Depufy Mayor Miesen stated he would abstain from participating and voting on the item due to a
poten[ial conFlict of interest related to a business entity in which he had a financial interest. He left the
meeting af 6:10 p.m.
Mayor Casillas Salas requested the Council disc/ose ex parte communications.
Councilmember McCann reported on his communications with Dr. Mani and John Wainio. He stated he
attended a presentation by Humberto Peraza regarding the project through the Chula Vista Chamber o(
(Commerce] Public Policy Committee. He also stafed he met with Earl Jentz, Tino Martinez and his
spouse, and several members of the community.
Mayor Casillas Sa/as stated that on June 30, 2016, she met with John Wainio and Humberto Peraza on
a matter other than the proposed project but thaf the possibility of an appeal came up dunng fhe
meeting. She stated that on July 19, 2016, she met with EaA Jenfz. Also on July 79, 2076, she met with
James Tingle and other members of the Chula Vista Corndor Coalition.
Councilmember Bensoussan stated she met with James Tingle and two of his neighbors on August 15,
2016. She met in eaAy spnng 2016 with Dr Mani and HumbeRO Peraza. She stated she had received
email communications in suppoR of and opposition to the project, and that the emails had been
forvvarded to the City Clerk and weie entered into the record.
Councilmembe� Aguilar stated she �eceived numerous wntten communications on the proposed project,
estimated at close to 100, and that the ovenvhelming majority were opposed to the proposed project,
one or hvo asked factual questions regarding the proposed project, and a few we�e in /avor o/ lhe
proposed project. She stafed she visifed the proposed project site many times and drove around fhe
neighborfrood. Councilmember Aguilar reported that she met with Dr. Mani in December 2015 and Earl
Jenlz on May 6, 2016. She stated she attended a meeting of the Crossroads II Board of Directors in July
2016, at which fhe project was on the agenda. She met with Mc Tingle, Ms. Vainik and hvo other
neighbors, and she spoke with community members by phone, including Tino Martinez, a representafive
at Studio E, and approximately 20 other individuals.
City Attomey Googins recommended that Councilmembers report any communications or /acts that
were mafenal to their decision during the deliberation on the item so thaf everyone would have the
benefit of the iMo�nation.
Councilmember Bensoussan sfated that it was reported to her by members of fhe community that
Councilmember Aguilar's o�ce had sent two email messages that we�e produced by the Crossroads II
organization in advocacy against the project.
Councilmember Aguilar spoke regarding fhe email messages referenced by Councilmember
Bensoussan and stated the messages did not support or oppose the project.
Senior Planner Tapia and Principal Planner Power gave a presentation on the item.
Senior Planner Tapia and Director of Development Services Broughton responded to questions from the
Council regarding the p�oposed projecfs public plaza and the projecf findings.
Mayor Casillas Salas opened the public heanng.
City o/Chula Vista Page 6
Ciry Council Meeting Minutes-Final August16,2016
Steve Danon with The San Diego Group and Enc Naslund wilh Studio E Architects, representing D�.
Hamid Mani, the applicant, gave a presentalion in support of staff's recommendation on the item and
2sponded to questions from the Council.
The following members of the public spoke in support o/sta/fs iacommendation:
-Estela Ruiz, Chula Vlsta resident
-Chns Lewis, Bonita resident
-Ronda Rodnguez, Chula Visfa 2sident �
-Randy Bellamy, Chula Vista resident
-Christine Moore, Chula Vista resident
-Richard D'Ascoli, 2presenfing the Pacific Southwest Association ot Reallors
-Max Zaker, Chula Vista 2sident
-Mike Spethman, Chula Vista 2sident
-Lisa Cohen, Chula Vista resident, representing the Chula Vista Chamber o!Commerce
- Tom Money, Chula Vista 2sident
Ana Melgoza, Chula Vista (esident, representing the San Ysidro Health Center, spoke rega�ding Dr.
Mani's paRnership with the organizafion and the no�ost treatments he provided their prooram
paRicipants who could not allord to pay.
Mayo� Casillas Salas recessed the meeling at 8:25 p.m. The Council 2convened at 8-50 pm., with
Councilmembers Bensoussan and McCann, and Mayor Casillas Salas p/esent. Councilmember Aguilar
anived at 8:57 p.m.
Mayror Casillas Salas announced she had received the following names ot individuals who indicated they
were part o1 the organized presentation in opposition to staN's �ecommendation, which would be
p2sented by Evelyn Heidelbe/g and Will Rogers, lepiesenling the Corridor Coalition:
- Joan Bers�, Chula Vista resident
- Marty Coulson, Chula Vista resident
- Penny Vaughn, Chula Vista resident
- Ead Jentz, Chula Vista 2sident
- Karen Jentz, Chula Vista resident
- Larry Boyle, Chula Vista resident
- Anne K. Pering, Chula Vista 2sident
- Pandra Boyle, Chula Vista 2sident
- RobeR Sullivan, Chula Visla resident
- Helen Thompson, Chula Vista resident
- G. LoBiedo, Chula Visfa resident
- Lydia Morales, C6ula Vista residenl
- CesarJ. Mo�ales, Chula Vista resident
- Marganta Morales, Chula Vista iesident
- Lucy S.Aginiga, Chula Visfa�esidenl
- Alberto Rivas, Chula Vista resident
- Marce/a Rivas, Chula Vista resident
- Antonio Rivas, Chula Vista resident
Evelyn Heidelberg and Will Rogers, representing the Corridor Coalition, gave p�esentations on the
p/oject in opposdion to staffs�ecommendation and 2sponded lo questions from the Council.
Martha Coulson stated she wished fo speak as an individua/ and not be represented by tbe orgaNzed
group. Mayor Casillas Salas stated she would be heard following speake�Paula Perry.
Mayor Casi/las Salas restated the names she had received of individuals who indicated they wished �o
be represented by the organized presentation made by Ms. Heidelberg and Mc Rogers. She invi[ed
anyone ro come forvvard who desired an individual opportunity fo speak. The names were as lollor�s-
.Cky ol ChWa Vsta Page 7
City Council Meeting Minutes-Finel August 16,2016
Joan Berg, Penny Vaughn, Earl Jentz, Karen Jentz, Larry Boyle, Anne K. Pering, Pandra Boyle, Robert
Sullivan, Helen Thompson, G. Loffredo, Lydia Morales, Cesar Morales, Ma�ganfa Morales, Wcy S.
Aginiga, A/berto Rivas, Malcela Rivas, and Antonio Rivas. �
Lydia Morales stafed she wished to speak as an individual and not be represented by the organized
group. Mayor Casillas Salas stated she would be given an opportunity to speak. There were no others
who indicated a desire to speak individualty.
The following members of the public spoke in opposition to staffs recommendation:
-James Tingle, Chula Visfa resident
-Paula Pe�ry, Chula Visfa resident
-Marty Coulson, Chula Vista resident
- Theresa Acerro, Chula Vista resident
-Lydia Morales, Chula Vista resident
- Tino Martinez, Chula Vista resident
-PaMcia Vainik, Chula Vista resident
-Julie Andre, Chula Visfa resident
-Stacy Bndges, Chula Vista resident
-Jackie Lancasfer, Chula Vista resident
-Gwen McCarghey, Chula Vista resident
-Glenda de Vaney, Chula Vista residenf
-Judi Bounds, Chu/a Vista(esident
-Dano MaRinez, Chula Vista resident
-William Richter, Chula Vista resident
-Glona Gonza/es, Chula Vista resident -
-Andrea Boggs, Chula Vista�esident
The /ollowing members of [he public submitted wntten documentation in opposition to staH's
recommendation but were not piesent to speak when their names we2 called:
- Angela Martinez, Chula Vista resident
- Pam Keel, Chula Vista resident
- Benaiah Pemberton, Chula Vista resident
- Kafhy Day, Chula Vista resident
Mayor Casillas Sa/as announced the following individuals had submitted written documentation in
opposition to staH's recommendation and indicated that they did not wish to speak:
-Jerry Boyd, Chula Vista resident
-John Huble�, Chula Vista resident
-Sheree Hubler, Chula Visfa resident
-Herendira Vazquez, Chula Vista resident
-Alexander Vazquez, Chula Vista�esident
- Weichang Szeto, Chula Vista resident
-Pei Yao Yu, Chula Visfa resident
-Sharron Hall, Chula Vista resident
-Steven C. Pavka, Chula Visfa resident
Mayor Casillas Sa/as said that several letters in opposition had been received from individuals who had
also spoken regarding the item. She also stated that two letters in support of staff's recommendation had
been received and that all of the written communications had been provided to the Council.
Richa�d Schulman and Eric Naslund, representing the applicant, responded to speakers' comments
regarding the proposed p�oject.
Mayor Casillas Salas closed the public hearing.
City o/Chula Visfa Page 8
City Council Meeting Minutes-Final August 16,2016
Senior Planner Tapia provided additional informalion regarding !he prqect in response to speakers'
comments.
Council discussion ensued regarding the item.
Councilmember McCann moved to adopl lhe resolution. Mayror Casillas Salas seconded the motion.
City Attomey Googins stated that fhe recoN o! the procesdin9 included the wntten staR report and
suppoRing documents that were presented fo the Planning Commission, the audio recording of the
Planning Commission deliberafions on fhe item thal was dislnbuted with the Council agenda packet and
was available on the City's website, the wntten infonnalion that sfaH 2ceived in time to include in the
agenda packet, and the written communications received lafe�, which we2 dislnbuted to the Council on
the dais.
City Attomey Googins said that the applicant had oNered a specific implementation measu�e to address
pnvacy concems and 2commended that the Council include the condition in ifs action, i!it so desired.
Development Services Director Broughton restaled lhe condition lo addless pnvacy concems, w.hich
was that the balconies be designed in substantial conformance with the stafements made dunng this
public hearing, whe2 the develope� represented !he heights and opaqueness ot the 2iling, which would
be designed to the satisfaction of the Development Services Director.
Councilmember McCann mod�ed his mofion lo include the condition regarding the balconies, as stated
by Development Services Di2ctor Bmughton. Mayor Casillas Salas, as seconder o(fhe motion, agleed.
Development Services Diiactor Broughton �ead a neighboArood enhancemenf proposal oHe�ed by the
developei, which was as follows: "The applicant agrees fo o/fer landscape improvemenfs consisfing o(
gmund covers, street trees, and irrigation along the east side of 3rd Avenue, starting approximately f00
feet south of L Streel and continuing soulh for approximately 500 feet, to enhance the visual quality of
the Third Avenue Cortidor in tbis location. This wolk would be subject ro the approval of the
Development Services Di2ctor and the authonzafion by the San Diego Country Club. If authonzation is
not granted by the San Diego Country C/ub, the applicanf agiees to oNer a comparable substitute
neighborhood ameniry to be approved by the Developmenf Services Director."
Councilmember McCann further modified his onginal motion to also include fhe condition �ega�ding the
neighborhood amenity, as stated by Development Services Director Broughton. Mayor Casillas Sa/as,
as seconder o7 the mofion, agreed.
City A[tomey Googins spoke re9arding an additiona/ modification suggested by sraN in response to a
question trom Councilmember Aguilar, which would ensure public access to fhe projecf's plaza in
perpetuity.
Richard Schulman, representing the applicant, ag�eed to the proposed modification to the language
2garding the plaza, and othe�modifications as project conditions, as stated.
Director o7 Development Services B�oughton suggested the condition, as augmented by City Attomey
Googins and City Manager HalbeR, be to record a public access easement or such othe� mechanism as
may be appioved by the City Attomey, over the plaza af the comer of 3rd and K Streef fo provide public
access in perpefuity, and thaf the imp�ovemenfs would be mainfained by lhe p�operty owner City
Attomey- Googins stated that the modification including those elements would be drafted into a final
condition.
Councilmember McCann further modi(ed his onginal mofion to also include the condition rega�ding
public access to the owne�-maintained plaza in perpefuity. Mayor Casillas Salas, as seconder of the
motion, ag�eed.
City o/Chula Vsta Page 9
City Council Mee�ng Minutes-Final August 16,2016
ACTION: A motion was made by Councilmember McCann, seconded by Mayor Casillas
Salas, that Resolution No. 2016-177 be adopted as amended to include the
conditions related to the heights and opaqueness of the balcony railings,
neighborhood enhancement along a portion of the Third Avenue Corridor, and
public access to the owner-maintained plaza in perpetuity. The heading was read,
text waived.The motion carried by the following vote:
Yes: 3- Bensoussan, McCann and Casillas Salas
No: 1 - Aguilar
Absfain: 1 - Miesen
ADJOURNMENT
At 11:36 p.m., Mayor Casillas Salas adjoumed the meeting to the Regular City Council Meeting on
Sepfember 13, 2076, at 5:00 p.m., in the Council Chambers.
Kerry K. gelow, sistant City Clerk
Cify o/Chula Visfa Page f 0